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"This is a major victory for consumers in California that represents a milestone in the campaign for financial privacy reform," said Shelley Curran, Policy Analyst for Consumers Union's West Coast Regional Office.
"Most people
are very particular about disclosing personal financial information to others
and yet current federal law allows banks, insurance companies and other
financial institutions to trade and sell their customer's information with very
little restriction." said Valerie Small Navarro, an attorney with the American
Civil Liberties Union. "This bill gives consumers significant new control so
they can limit who has access to
their private financial
information."
Under Senator
Speier's financial privacy bill, California consumers will have the right to
stop the sharing of information by financial institutions with affiliates unless
they meet very stringent criteria. The bill requires
financial institutions
to obtain a consumer's affirmative consent before sharing information with third
parties. It also establishes standards that financial institutions would be
required to follow to inform consumers of their privacy rights. The current weak
federal law gives consumers very little control over how their personal
information is used by financial institutions and leaves consumers vulnerable to
identity theft, aggressive marketing practices and fraud.
"Californians
demanded reform from the state legislature and now they've won important new
rights to protect their financial privacy," said Lupe de la Cruz, Legislative
Director for AARP in California. "We've scored a huge
victory in California,
but we intend to push Congress to make sure that all consumers enjoy greater
control over who has access to their private financial information."
Californians
for Privacy Now pledged to take the issue directly to the voters with a March
2004 ballot measure if lawmakers failed to act by the end of the day on August
19. Now that the legislature has enacted strong
privacy reform legislation
and the Governor has agreed to sign it into law, the coalition announced that it
will not proceed with its initiative campaign. Californians for Privacy Now had
collected over 600,000 signatures from registered California voters in support
of the measure.
"This victory
belongs to the over 600,000 Californians who signed our ballot measure petitions
and the countless others who have been calling on state lawmakers to act," said
Chris Larsen, Chairman and CEO of E-LOAN.
"The people spoke loud and clear
and lawmakers in Sacramento have finally responded by passing important new
privacy protections for consumers."
"The public's
demand for greater financial privacy protection enjoys overwhelming popular
support that cuts across all ideological lines," said Steve Blackledge, Director
of CALPIRG. "The lopsided legislative victories
in the Assembly and Senate
make it clear that lawmakers got the message -- consumers are fed up and want
greater control over their private financial information."
On Monday the Assembly approved the bill by a 76-1 vote.
"Consumers
can say goodbye to the confusing and incomprehensible privacy statements they
receive from their banks and insurance companies that give them virtually no
ability to stop the flow of their private financial
information to others,"
said Beth Givens, Director of the Privacy Rights Clearinghouse. "This new law
requires financial institutions to explain in plain language how consumers can
exercise their expanded rights and imposes
stiff penalties for those business
which fail to comply."
The new
financial privacy law adopted by California comes at a time when Congress is
debating amendments to the Fair Credit Reporting Act (FCRA). Financial industry
lobbyists have argued that a section of the FCRA prevents states from enacting
restrictions on information sharing by financial institutions with affiliates.
This section of the FCRA is due to expire at the end of the year. In addition,
privacy advocates point out that when
Congress passed the Gramm Leach Bliley
Act in 1999, it specifically invited the states to enact stronger financial
privacy protections than those contained in the federal law. Nonetheless, the
debate over the FCRA is
expected to be intense.
"While
today's vote marks a milestone in protecting Californian's financial privacy
rights, we need to make sure that these important new protections are not
undermined by the politically powerful financial industry when this
issue is
debated in Congress," said Richard Holober, President of the Consumer Federation
of California. "We urge Senators Feinstein, Boxer and our entire congressional
delegation to defend the right of states like
California to enact financial
privacy protections that are stronger than the weak federal law."

Download the Winter 2008 ACLU-NC Newsletter and read about our latest events and initiatives.

| • | Public has right to know about police misbehavior |
| • | Police chiefs should support bill |
| • | Injustice came back for Carmona |
